MILWAUKEE — The man accused of breaking into a 99-year-old Milwaukee woman's home and brutally beating her has been formally charged, court records show, as two city 911 dispatchers remain on administrative leave following a delayed emergency response that neighbors and city officials have called deeply troubling.
Joseph Guadalupe Macias, who turned 23 on Friday, is charged with three felony counts: battery to an elder person intentionally causing great bodily harm, first-degree reckless injury and burglary of a dwelling, according to a criminal complaint filed July 31. He faces a combined maximum sentence of more than 77 years in prison and up to $225,000 in fines if convicted on all counts.
The charges stem from the early morning attack Monday, July 27, at a home on South 14th Street in Milwaukee.
WATCH: Milwaukee dispatchers on leave after delayed response to 99-year-old's attack
What the criminal complaint says
According to the criminal complaint filed by the Milwaukee County District Attorney's Office, police responded to a series of 911 calls at approximately 8:00 a.m. and entered the home through a rear door that was closed but unlocked. Officers immediately encountered Macias lying on the floor in the living room.
Macias told the officer the elderly woman in the next room was his grandmother.
When Schmitz located the victim, the complaint describes a scene of severe violence. The woman was covered in blood, her eyes were swollen and bruised shut, and her mouth was so swollen she had difficulty speaking. Her arms were covered in lacerations and bruising. Blood was splattered on the walls and carpets, a lamp had been knocked over, and various items of memorabilia were broken on the floor.
The victim was taken to Froedtert Hospital, where a detective met with her. She was being treated for multiple lacerations and abrasions to her face, head, torso, arms, and legs. Doctors determined she had sustained two separate broken bones to her jaw requiring immediate medical attention. A double-pronged skirt pin had also been inserted into her left foot — with both prongs completely inside her body — and had to be removed by a physician. As of the filing of the complaint Friday, the victim remained hospitalized, and the full extent of her injuries had not yet been determined.
In a preliminary statement to police, the victim said she was awakened by loud banging on her door. When she opened it, a man immediately attacked her, forced her to the floor, and repeatedly kicked her. She said she did not recognize her attacker and believed he may have been on drugs because of his erratic behavior and language. She said she told him to get off of her, and he responded by kicking her again.
Suspect's account and evidence
During a Mirandized interview, Macias told investigators he did not remember what he had done. He wrote an apology letter to the victim. In the interview, Macias said, "I know I'm not innocent. I know I'm gonna have to pay the consequences to my actions, you know? But it's like I'm, I'm basically like, you know, dealing with something that I wasn't even aware of or doing or anything like this. So it's like, in a way it feels like I'm taking the blame for somebody else's wrongdoing, but I know it was me just not in the right state of mind."
Macias told investigators he had been drinking heavily at a bar before going to the victim's residence. A cousin of Macias told police the two of them and the cousin's girlfriend had been at a bar and returned to the girlfriend's home around 1:30 a.m., with Macias driving. Macias continued drinking Don Julio Tequila after returning to the home. The cousin and his girlfriend gave Macias a pillow and removed his shoes so he would go to sleep. When the cousin woke up around 7:30 a.m., Macias was gone — but had left behind his own shoes and phone and taken the cousin's shoes and phone instead. The cousin tracked his phone and found it had already been taken to a police station.
Surveillance video from a neighboring residence showed a single person in the driveway of the victim's home at around 4:45 a.m., shortly before the first 911 call was placed by a LifeAlert system at 5:16 a.m. Additional video from a nearby gas station showed a male stumbling toward the victim's residence wearing clothing consistent with what Macias had on when he was arrested. A gray hooded sweatshirt with blood stains was recovered from inside the residence.
Investigators noted that nothing appeared to have been stolen from the home and none of the victim's property was found on Macias, leading investigators to conclude the purpose of entering the residence was not theft.
Delayed 911 response under review
The attack has also drawn scrutiny over how the city's 911 system handled the emergency calls that preceded police arrival.
According to Milwaukee's Department of Emergency Communications, the first 911 call was made by a third-party operator at around 5:15 a.m. to report a disturbance and that threats of physical harm may have been occurring. A second call from the same operator followed shortly after, confirming the location and providing what is believed to be a live audio feed from inside the residence.
"I just took them off hold and listened for a minute, and it sounds like he is kicking an elderly woman while they're down on the floor," the third-party operator told the 911 dispatcher on that second call.
Neither of the first two calls resulted in the immediate dispatch of emergency responders.
At approximately 7:51 a.m. — more than two and a half hours after the first call — the victim called 911 directly and reported she had been physically attacked and was injured. That call was classified as a high-priority incident and first responders were dispatched. Milwaukee Fire Department personnel arrived at approximately 7:57 a.m. Milwaukee police arrived at approximately 8:23 a.m.
Two DEC dispatchers have been placed on administrative leave pending a review of the incident.
DEC Director Tony Bueno said the department is taking the matter seriously.
"We are deeply concerned about what this resident experienced and about the length of time that passed before emergency responders were dispatched," Bueno said. "We are carefully reviewing the initial call, the information available to DEC personnel, the classification and handling of the incident, and whether established procedures were followed. We owe the victim, the public and our employees a complete and fact-based review."
The department said the two employees were placed on leave as "a precautionary personnel action, not a final finding" and that "appropriate corrective action based on the verified findings" will be taken.
"The public must be able to trust that we will examine difficult incidents honestly, learn from what occurred and make necessary improvements," Bueno said. "That commitment also requires us to avoid assumptions and allow the review process to establish the facts."
Neighbors who spoke with TMJ4 News earlier this week said the delayed response was unacceptable.
"You see them flying past if it's a gun situation, supposedly. Why they can't do that for another type of situation, especially if that lady is 99 years old," said neighbor Otis Charleston. "911 is 911 regardless of what it is."
"I do feel that there should be better training and practices being had," said neighbor Rachel Krutsch.
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